Also known as: structural error doctrines · structural error
Written by attorneys · grounded in primary & secondary sources — see below
A category of constitutional errors that affect the framework of the trial itself rather than merely the outcome of one particular proceeding. Such errors require automatic reversal without any showing of specific prejudice to the defendant.
Skylar Sullivan retained a specialized out-of-state attorney to defend her against federal fraud charges. The trial court disqualified the attorney on the prosecutor's objection even though the attorney met every admission requirement. Sullivan proceeded with appointed counsel and was convicted. On appeal the court holds that the erroneous removal of chosen counsel constitutes structural error requiring automatic reversal.
Samantha Stone was tried for tax evasion. The court instructed the jury on every element except willfulness. Stone was convicted. On appeal the court applies harmless-error review rather than automatic reversal because the instructional omission does not constitute structural error.
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Solomon Silver was convicted of murder by a ten-to-two jury verdict under state law permitting non-unanimous verdicts. On appeal the court holds that the Sixth Amendment requires unanimity and that a non-unanimous verdict is structural error mandating reversal without prejudice analysis.
Structural error affects the framework of the trial itself and requires automatic reversal. Trial error occurs during the presentation of the case to the jury and is subject to harmless-error review.
No. The erroneous deprivation of a defendant's chosen retained counsel is structural error that triggers automatic reversal without any inquiry into prejudice or the performance of substitute counsel.
Denial of counsel to an indigent defendant at a felony trial is structural error requiring automatic reversal. The same rule applies when a court erroneously disqualifies retained counsel of choice.
…The State also reports that "[d]efendants are arguing that an instruction allowing for non-unanimous verdicts is a structural error that requires reversal for all convictions, even for those for which the jury was not polled or those for which the jury was unanimous." Id. , at 14. Unimpressed by these potential…